Terms of service

Terms of service


OVERVIEW

This website is operated by HairStixies, LLC. Throughout the site, the terms “HairStixies”, “we”, “us” and “our” refer to HairStixies, LLC. HairStixies offers this website, [www.hairstixies.com] (“website” or “site”), including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us (“Services”), you engage in our Service and agree to be bound by the following terms and conditions (these “Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

THESE TERMS REQUIRES THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms, then you may not access the website, purchase any products, or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.


SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.


SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.


SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions, including but not limited to medical decisions, without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.


SECTION 4 - MODIFICATIONS TO THE PRODUCTS OR SERVICES AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the products or the Services without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.


SECTION 5 - PRODUCTS

Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy. Our Return Policy states all sales are FINAL. Our products are shipping in accordance with our Shipping Policy. 

The products provided through the website are not for consumption. 

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

The products contain a sticky, adhesive material. Although testing has been performed on some ceramic, fiberglass, glass, and porcelain surfaces to determine if a residue is left behind upon removal, which did not occur, each bathroom surface (even bathrooms with ceramic, fiberglass, and porcelain surfaces) are different. Thus, HairStixies cannot and does not represent or warrant the products will not leave residue after removal or cause other issues on the surface when you apply the products. Thus, you are responsible for testing the products on the surface that you will apply the products to in order to ensure the products will not leave residue or cause other issues to the surface. 

The HairStixies products comply with U.S. regulations of the Consumer Product Safety Commission (“CPSC”) under the Federal Hazardous Substances Act (“FHSA”) CFR Title 16, Chapter II, Subchapter C, Part 1500. However, every person has unique allergies and sensitivities. If you experience any allergic reactions from touching the products, for example rashes on your fingers, immediately stop using the products. Please contact HairStixies at hairstixies@gmail.com If any irritation or other issues arise from your usage of the products. 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

HairStixies, the HairStixies logo, and all related names, logos, product and service names, designs, and slogans are trademarks of HairStixies or its affiliates or licensors. You must not use such marks without the prior written permission of HairStixies.

No right, title, or interest in or to HairStixies’ intellectual property is transferred to you, and all rights not expressly granted are reserved by HairStixies. Any use of the website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.


SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Return Policy. 


SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.


SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.


SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

The Website contains interactive features for users to provide information and make reviews (collectively, "Interactive Services"). The Interactive Services allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.

You agree all your User Contributions shall not be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. 

By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to your account settings. 

You represent and warrant that: 

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms including the Content Standards below. 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website. 

We may remove Interactive Services at our sole discretion without notice or prevent you (or other specific users) from using Interactive Services at our sole discretion.

We may, but have no obligation to, monitor, edit or remove User Contributions or comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments or User Contributions will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments or User Contributions. You are solely responsible for any comments or User Contributions you make and their accuracy. We take no responsibility and assume no liability for any comments or User Contributions posted by you or any third-party.


SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.


SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.


SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall HairStixies, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.


SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless HairStixies and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your usage of the website, including but not limited to your User Contributions, your breach of these Terms of Service or the documents they incorporate by reference, any use of the Website's content or services other than as expressly authorized in these Terms, your use of any information obtained from the Website, or your violation of any law or the rights of a third-party.


SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.


SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).


SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, Return Policy, Shipping Policy, Privacy Policy, and any policies or operating rules posted by us on this site or with respect to products and the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.


SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the State of Virginia or any other jurisdiction).

Subject to Section 19, any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Virginia, in each case located in the City of Alexandria and County of Arlington, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.


SECTION 19 – DISPUTE RESOLUTION

YOU AND HAIRSTIXIES ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. You and HairStixies agree that each of us may bring claims against the other only on an individual basis, and not on a class, representative, or collective basis (and we each waive any right we have to bring such claims). OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND HAIRSTIXIES ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

  1. The parties shall resolve any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination or invalidity hereof (each, a "Dispute"), under the provisions of this Section 19. First, a party shall send written notice to the other party of any Dispute ("Dispute Notice"). Any Dispute Notices must be sent to HairStixies via mail to HairStixies, LLC 6558 Section Rd, Box 125 Brockport, NY 14420 and email to hairstixies@gmail.com.The parties shall first attempt in good faith to resolve any Dispute set forth in the Dispute Notice by negotiation and consultation between themselves, including not fewer than two (2) negotiation sessions. In the event the Dispute is not solved through negotiation, within at most thirty (30) days of the last negotiation, a party may provide written notice to the other party the filing to arbitrate the Dispute in accordance with the American Arbitration Association’s Commercial Arbitration Rules. 
  2. General Arbitration Rules. The arbitration process will differ depending on whether your claim is pursued individually or as part of a Mass Arbitration (defined below). The general arbitration rules outlined in this Section (“General Arbitration Rules”) shall control, except in the case of a Mass Arbitration.
    1. All arbitrations shall be before a single arbitrator. The arbitration will be conducted in the English language by a single arbitrator. Any arbitration proceeding shall be conducted in Alexandria, Virginia and/or be remote, videoconference means. Except as otherwise provided in this Section 19, a party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (“AAA”). Arbitrations involving consumers will be governed by this Agreement and the AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol. Arbitrations involving all others will be governed by this Agreement and the AAA Commercial Arbitration Rules and the AAA Optional Appellate Rules. If there’s a conflict between this Agreement and any applicable AAA rules and protocols, this Agreement will control.
    2. Disputes that involve a claim of less than $15,000 USD in actual or statutory damages (but not including attorneys’ fees and incidental, consequential, punitive, and exemplary damages and any damage multipliers) must be resolved exclusively through binding, non-appearance-based individual arbitration based solely on the written submissions of the parties. All other arbitrations shall be conducted by phone, video conference, or based only on written submissions. Judgment on an arbitrator’s award may be entered in any court that has jurisdiction to do so.
    3. To begin an arbitration proceeding with the AAA, the claiming party must send a letter describing the Dispute and requesting arbitration to the American Arbitration Association Case Filing Services,1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 or by filing a request online through the AAA website.As in court, the arbitrator shall apply governing law, any counsel must comply with Federal Rule of Civil Procedure 11(b), and the arbitrator may impose any sanctions available under the AAA Rules, Rule 11, or other applicable law. The arbitrator also shall enforce statutes of limitations and other time-based defenses, offers of judgment/compromise, and fee-shifting rules in the same way as a court would. The arbitrator’s award is final and binding on you and HairStixies. Judgment on the award may be entered in any court with jurisdiction.
  3.  Mass Arbitration Rules. If 25 or more claimants (each a “Mass Arbitration claimant”) or their lawyers file or disclose an intention to file demands for arbitration against HairStixies raising substantially identical Disputes, and counsel for the claimants are the same or coordinated across the Disputes (a “Mass Arbitration”), these special rules shall apply.
    1. Each Mass Arbitration claimant must complete the informal dispute resolution process described in this Agreement. Counsel for claimants shall file a single Claim Statement for all Mass Arbitration claimants that identifies all Mass Arbitration claimants by full name, mailing address, and email address. The Mass Arbitration claimants must then follow a “bellwether procedure” described below in which a group of up to 10 claimants proceed to arbitration (each a “bellwether arbitration”), followed by a mandatory mediation process through which the Disputes of Mass Arbitration claimants may be resolved. Any statutes of limitation applicable to Disputes of Mass Arbitration claimants shall be tolled from the submission of their Claim Statement until the mandatory mediation process has been completed.
    2. Counsel for the Mass Arbitration claimants and HairStixies’ counsel shall each select up to five claimants for bellwether arbitrations (not more than 10 in total) to be each promptly decided individually as a bellwether arbitration conducted under the General Arbitration Rules, with each case assigned to a separate arbitrator. If any other Mass Arbitration claimants have filed claims in arbitration, they shall promptly be dismissed without prejudice before the bellwether arbitrations may proceed. Each bellwether arbitration shall be completed within 120 days. No other demands for arbitration by Mass Arbitration claimants may be initiated during the pendency of the bellwether arbitrations and the mandatory mediation process which follows.
    3. On the resolution of the 10 bellwether cases, HairStixies’ counsel and counsel for the Mass Arbitration claimants shall participate promptly and in good faith in non-binding confidential mediation for a period of at least 60 days in a good faith effort to resolve all Disputes of the Mass Arbitration claimants. This mediation shall be conducted by the AAA under its then-current Mediation Procedures of the AAA, unless HairStixies and the Mass Arbitration claimants mutually agree to another mediator and/or mediation procedure.
    4. If the bellwether arbitrations and subsequent mediation are unsuccessful in resolving the Disputes of all Mass Arbitration claimants, then those Mass Arbitration claimants whose Disputes haven’t been resolved may only pursue those Disputes on an individual basis in small claims court or with FairClaims, Inc. (“FairClaims”), and not the AAA or any other arbitral organization or arbitrator, under FairClaims’ Small Claims Rules & Procedures. To the extent that any cause of action or claim for relief can’t be addressed by FairClaims under its Small Claims Rules & Procedures, you and HairStixies agree that any court proceedings involving Mass Arbitration claimants and HairStixies shall be paused pending the final resolution in arbitration with FairClaims of all arbitrable causes of action and claims for relief.
    5. If the Mass Arbitration Rules are determined to be unenforceable for any reason in a decision of any arbitrator or court as to which further review is foreclosed and all motions, appeals, and petitions for review have been resolved fully (a “Final Determination”), then you and HairStixies agree that all unresolved Disputes between Mass Arbitration claimants and HairStixies must be filed in and resolved by a court of competent jurisdiction only, and shall not be filed in, pursued further, or resolved through arbitration or otherwise be subject to any contractual obligation to arbitrate. To the extent that any arbitrations filed by or on behalf of Mass Arbitration claimants are still pending after a Final Determination, those claimants shall immediately dismiss such arbitrations without prejudice. A finding that these Mass Arbitration Rules are unenforceable for any reason, including any Final Determination, shall have no effect on the validity or enforceability of any other provisions of this Agreement, including those set forth in this Section 19.

4. You have a limited right to opt out of this arbitration agreement. Specifically, if you are a new user of our Services, you can opt out of this arbitration agreement within 30 days after you first accept these Terms of Service. To opt out, you must send a timely email to hairstixies@gmail.com with your name, the email address for your account, your username (if applicable), and a request to opt out of arbitration. If you validly opt out, neither HairStixies nor you will be required to arbitrate; however, HairStixies and you will be required to submit the Dispute to AAA mediation in accordance with its Commercial Mediation Procedures before resorting to litigation or some other dispute resolution procedure. If a mediation occurs, the parties covenant that they will use commercially reasonable efforts in participating in the mediation.

 

SECTION 20 –  CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


SECTION 21 – ASSIGNMENT; SUCCESSORS. 

You may not assign, delegate, or transfer these Terms or any of your rights or obligations hereunder, without the prior written consent of HairStixies. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. HairStixies may assign its rights and obligations under these Terms, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of you or any other party. These Terms shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

 

SECTION 22 –  MOBILE TERMS OF SERVICE

The HairStixies, LLC mobile message service (the "Service") is operated by HairStixies, LLC (“HairStixies, LLC”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to HairStixies, LLC’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of HairStixies, LLC through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with HairStixies, LLC. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18334087624 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other HairStixies, LLC mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18334087624 or email hairstixies@gmail.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

 

SECTION 23 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hairstixies@gmail.com.

 

Last updated: Oct. 31, 2025